Police complaint
G.V.S. Sreevatsa
(Querist) 23 October 2009
This query is : Resolved
Is it necessary to give a police complaint to file a criminal suit against any person.
Then what is the fee to be paid to send a complaint by email?
Khaleel Ahmed Mohammed
(Expert) 23 October 2009
Yes it is necessary to give police complain before you file a criminal case. If police fails to take any action against the accused then only you can file criminal case as private complaint.
G.V.S. Sreevatsa
(Querist) 23 October 2009
Can it be handed over to police without taking acknowledgment? pl. reply
Sachin Bhatia
(Expert) 23 October 2009
In a priviate complaint made before a magistrate, magistrate himself directs police to start investigation.
Sarvesh Kumar Sharma Advocate
(Expert) 23 October 2009
sreevatsa,
acknowledgment is not a part or obstakle 2 file a criminal suit against any person.
go ahade........
Guest
(Expert) 23 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE POLICE COMPLAINT KINDLY NOTE THAT.
1.YOU MAY FILE A POLICE COMPLAINT WITH NAMES AND ADDRESSES OF SUSPECTED ACCUSEDDIRECTLY TO THE POLICE STATION HAVING AREA JURISDICTION REGARDING THE PLACE OF OFFENCE COMMITTED.
2.KINDLY NOTE THAT IN CRIMINAL CASES A COMPLAINT SHOULD BE FILED AS PER THE PLACE OF OFFENCE AND TO THE POLICE STATION HAVING AREA JURISDICTION.THE SAID COMPLAINT IS SENT TO THE NEAREST COURT HAVING AREA JURISDICTION WITHIN 24 HOURS.
3.KINDLY FURTHER NOTE THAT YOU MAY DIRECTLY FILE A COMPLAINT WITH NAMES AND ADDRESSES OF ACCUSED AND WITH ALL RELEVENT DOCUMENTS TO THE CHIEF JUDICIAL MAGISTRATES COURT HAVING AREA JURISDICTION.KINDLY NOTE THAT YOU HAVE TO PAY COURT FEE STAMPS FOR PROCESS FEES RS.50/-PER ACCUSED PERSON NAMED AND FOR ADVOCATE FEES AND OTHER EXPS FOR TYPING,XEROX ETC.WILL VARY
HONOURABLE COURT WILL MAKE VERIFICATION OF COMPLAINT AND DOCUMENTS AND PROOFS ENCLOSED AND HEAR THE COMPLAINENT AND HIS LAWYER AND MAY ISSUE PROCESS UNDER RELEVENT SECTIONS 156 (3) OF CRPC AND ORDER THE POLICE OFFICER OF THE POLICE STATION TO REGISTER CRIME AND INVESTIGATE THE CASE UNDER THE RELEVENT PROVISIONS OF INDIAN PENAL CODE .
4.IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Raj Kumar Makkad
(Expert) 23 October 2009
opinion of Nand Kumar is comprehensive.
Kiran Kumar
(Expert) 23 October 2009
one more clarification, there is no criminal suit rather criminal complaint.
nowadays police does entertain complaints send by e-mail provided the state has such provision.
H. S. Thukral
(Expert) 23 October 2009
It is not necessary that you should file a complaint with the Police before you approach Magistrate. There are offenses where Police can not take cognizance and you have to approach the court. On receiving the complaint the magistrate has two options ; either he can take cognizance of the complaint or direct the Police to investigate the case. But once he takes cognizance of the complaint which would be after he had examined the complainant's witness, he can not direct the Police to investigate. Here Mr. Nand is incorrect when he says that HONOURABLE COURT WILL MAKE VERIFICATION OF COMPLAINT AND DOCUMENTS AND PROOFS ENCLOSED AND HEAR THE COMPLAINENT AND HIS LAWYER AND MAY ISSUE PROCESS UNDER RELEVENT SECTIONS 156 (3) OF CRPC AND ORDER THE POLICE OFFICER OF THE POLICE STATION TO REGISTER CRIME AND INVESTIGATE THE CASE UNDER THE RELEVENT PROVISIONS OF INDIAN PENAL CODE .
M/s Nand Kumar, Makkad, and Reddy Saheb, once the magistrate issues a process he can not order the Police to investigate. It is only before issuance of process and postponing the same he can investigate himself or ask such other person as he thinks fit or Police to investigate
and it is not 156(3) of Cr.P.C. under which magistrate is empowered to issue process.
Court fee on complaint varies from state to state.
Vinod Singh Tomar
(Expert) 24 October 2009
Mr. Nand Kumar & Mr. Harbhajan singh are correct and I agree with the comments given by each of them.